LA FALTA DE MOTIVACIÓN REAL EN LA EMISIÓN DE MEDIDAS PROTECCIÓN EN PROCESOS DE VIOLENCIA INTRAFAMILIAR

Abstract

This research analyzes the lack of adequate reasoning in the issuance of protection orders within domestic violence proceedings in our country, a situation arising from the tension between the urgent protection of alleged victims and due process guarantees. The study begins by acknowledging that protection orders are indispensable mechanisms for preventing the continuation of acts of violence; however, their adoption does not exempt competent authorities from the constitutional duty to adequately justify their decisions. Although these orders aim to provide an immediate response to protect individuals at risk, their issuance must be supported by sufficient grounds that allow for an understanding of the legal and factual reasons justifying the judicial decision. The study examines the constitutional framework, national regulations, and international human rights instruments to determine whether the resolutions granting protection effectively meet the standards for judicial reasoning. Furthermore, the study reflects on the need to strengthen the reasoning behind these decisions to ensure effective victim protection while upholding due process and the legitimacy of judicial action.